Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court
2 years, 5 months ago

Mere Reference To Proposal Containing An Arbitration Clause, Unilaterally Signed By One Party, Would Not Amount To An Arbitration Agreement: Bombay High Court

Live Law  

The Bombay High Court has ruled that in an agreement executed by both the parties which contains independent terms and conditions, a mere reference to a proposal containing an arbitration clause which was unilaterally signed by one party, would not amount to an arbitration agreement coming into existence between the parties. The petitioner argued that the said proposal containing an arbitration clause was only signed by the respondents and that the letter of intent was the only document signed by both the parties. Hence, the Court ruled that merely because there was proposal containing an arbitration clause, which was unilaterally signed by the respondents, and there was reference made to the said proposal in the letter of intent and the purchase order, it could not be said that an arbitration agreement came into existence between the parties. Mere reference to the proposal, without incorporation of the arbitration clause/agreement in the letter of intent dated 12/07/2012 and the purchase order dated 16/07/2012, would not amount to an arbitration agreement coming into existence.

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History of this topic

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court
3 days, 15 hours ago

Filing Written Statement Does Not Waive Right To Arbitration If Preliminary Objection Is Raised At Outset: Jammu & Kashmir High Court

Live Law  

The Jammu and Kashmir High Court bench of Justice Rajnesh Oswal held that mere filing of the written statement in a suit does not constitute a waiver of right to arbitration if the party has raised a preliminary objection in respect of the arbitration clause at the outset. The High Court also noted that the Respondents didn't waive their right …

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC
1 week ago

Arbitration Clause In Invoices Can Be Binding On Parties When They Acted Upon The Invoices And No Objections Were Raised: Bombay HC

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has observed that where the correspondence between the parties included invoices which contained an arbitration clause and the parties acted upon those invoices without protesting, then it could be deemed that the party had accepted the arbitration clause. Contentions The Counsel for the Petitioner submitted that the arbitration agreement is contained …

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court
1 week, 1 day ago

Veracity Of Allegations Against Settlement Agreement Cannot Be Looked Into By Court In Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Manoj Kumar Ohri has reiterated that the scope of inquiry under Section 11 of the Arbitration and Conciliation Act, 1996, is limited to examining the prima facie existence of the arbitration agreement. It was further observed that if either party contests a prior settlement agreement, then such allegations cannot be looked into by …

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC
1 week, 3 days ago

Arbitration Agreement Valid Without Specifying 'Applicable Law', 'Seat' Or 'Venue' If Intent To Refer Dispute To Private Tribunal Is Clear: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has held that for an arbitration agreement to be binding, neither the applicable law nor the seat or venue needs to be mentioned. Observations The court noted that the arbitration clause provided that if the parties were unable to resolve the disputes mutually, the disputes shall be referred to the Vice …

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court
1 week, 6 days ago

Arbitration Clause Cannot Be Invoked Again Over Matters Which Have Already Been Adjudicated: Karnataka High Court

Live Law  

The Karnataka High Court has said the Arbitration clause in the lease agreement cannot be invoked for matters that have already been adjudicated upon and concluded by both the Arbitral Tribunal and the competent courts. The respondent challenged the award before the jurisdictional District and Sessions Court under Section 34 of the Arbitration and Conciliation Act, 1996, which set aside …

[Arbitration Act] Referral Courts Can't Indulge In Enquiry Into Whether Claims Are Time-Barred: Calcutta High Court
3 weeks, 6 days ago

[Arbitration Act] Referral Courts Can't Indulge In Enquiry Into Whether Claims Are Time-Barred: Calcutta High Court

Live Law  

The Calcutta High Court bench of Justice Shampa Sarkar has held that in an application under section 11 of the Arbitration and Conciliation Act, 996, it would not be proper for the referral court to indulge in an intricate evidentiary enquiry into the question of whether the claims raised by the petitioner were time-barred or not. Background Facts Kalpataru Projects …

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court
1 month, 1 week ago

Award Cannot Be Set Aside When No Objections Were Raised Before Arbitrator Or Court U/S 12(5) Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justices C. Hari Shankar and Ajay Digpaul held that the award cannot be set aside solely on the ground that the appointment of the Arbitrator was illegal in view of section 12 of the Arbitration and Conciliation Act when no such objections were raised before the Arbitrator or the court under section 34 of …

[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC
1 month, 2 weeks ago

[A&C Act] Non-Payment Of Part Of Mutually Agreed Amount After Settlement Of Dispute Not An Arbitrable Issue Under Arbitration Agreement: Andhra Pradesh HC

Live Law  

The Andhra Pradesh High Court has upheld the dismissal of an application filed under section 8 of the Arbitration and Conciliation Act, holding that once an amount has been mutually decided by the parties, the dispute itself is resolved and no arbitrable issue remains for consideration. A Division Bench of Justice Ravi Nath Tilhari and Justice V. Srinivas pointed out …

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court
1 month, 2 weeks ago

Appeal In Commercial Dispute Arising From Arbitration Act Must Be Filed Before Commercial Appellate Court, Not HC: Orissa High Court

Live Law  

The Orissa High Court bench of Justice S.K. Panigrahi has held that a plain reading of Sections 6 and 10 of the Commercial Courts Act, 2015, leads to the conclusion that the appropriate 'court' to consider a commercial dispute, even if it arises under the Arbitration and Conciliation Act, would be the commercial court and an appeal would, therefore, lie …

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court
1 month, 2 weeks ago

Notice To Appoint Another Arbitrator To Continue Arbitration Proceedings Satisfies Mandate Of S.21Of A&C Act: Kerala High Court

Live Law  

The Kerala High Court bench of Justice Syam Kumar V.M., while hearing a Section 11 petition, has held that a notice to revive a stalled arbitration proceedings by appointing another arbitrator satisfies the mandate of Section 21 of the A&C Act. The court further observed that the dispute between parties arose in 2018, which is evident from the filing of …

Double Payment For Same Claim Violates Public Policy U/S 34 Of Arbitration Act: Karnataka High Court
1 month, 3 weeks ago

Double Payment For Same Claim Violates Public Policy U/S 34 Of Arbitration Act: Karnataka High Court

Live Law  

The Karnataka High Court Bench of Chief Justice N. V. Anjaria and Justice K. V. Aravind held that the issue of double payment for the same claim would undoubtedly be in direct conflict with the Public Policy of India and would violate the Fundamental Policy of Indian Law, as well as the basic principles of morality and justice. Additionally, the …

Court Cannot Assume Jurisdiction To Appoint Arbitrator Unless Request For Reference Of Dispute Is Received By Respondent: Bombay High Court
1 month, 3 weeks ago

Court Cannot Assume Jurisdiction To Appoint Arbitrator Unless Request For Reference Of Dispute Is Received By Respondent: Bombay High Court

Live Law  

The Bombay High Court bench of Justice R. M. Joshi has held that compliance with Section 21 of the Arbitration and Conciliation Act, 1996 is mandatory and that the court cannot assume jurisdiction to appoint an Arbitrator under Section 11 unless a request for a reference of dispute is received by the respondent. The present application was filed under Section …

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court
1 month, 3 weeks ago

Appeal U/S 37 Of Arbitration Act Not Maintainable Against Order Under O.VII R.10 CPC: Punjab And Haryana High Court

Live Law  

The Punjab and Haryana High Court bench comprising of Justice Arun Palli and Justice Vikram Aggarwal has held that an appeal under Section 37 of the Arbitration and Conciliation Act, 1996 Act read with Section 13 of the Commercial Courts Act, 2015 is not maintainable against an order passed under Order VII Rule 10 of the CPC directing the return …

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court
1 month, 3 weeks ago

Issue Related To Existence Of Arbitration Agreement Cannot Be Decided Ex-Parte, Without Hearing Respondent: Delhi High Court

Live Law  

A Delhi High Court Bench of Justice Navin Chawla and Justice Shalinder Kaur held that the District Judge should not have decided the issue related to the existence of an arbitration agreement ex-parte, without calling upon the respondent to give its stand on the same. The District Judge dismissed the petition and held that the arbitration agreement contained in the …

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court
1 month, 3 weeks ago

Violation Of Provisions Of Arbitration Act Or MSMED Act Can Be Adjudicated By Court U/S 34 Of Arbitration Act: Orissa High Court

Live Law  

An Orissa High Court bench of Justice K.R. Mohapatra has dismissed a writ petition upon holding that the petitioner, without availing the efficacious statutory remedy u/s 34 of the Arbitration Act had approached the Court under Articles 226 and 227 of the Constitution for which the Court was not inclined to exercise its discretionary power to entertain it. Additionally, the …

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC
2 months, 1 week ago

Substantive Objections On Validity Or Existence Of Arbitration Agreement Can Be Adjudicated By Tribunal U/S 16 Of Act: Bombay HC

Live Law  

The Bombay High Court bench of Justice Somasekhar Sundaresan has held that substantive objections concerning the validity and existence of an arbitration agreement can be adjudicated by the Arbitral Tribunal and not by the court under section 11 of the Arbitration Act. In doing so, the Arbitral Tribunal may also rule on any objections with respect to the existence or …

Arbitration Cases Weekly Round Up [16th December-22nd December 2024]
2 months, 3 weeks ago

Arbitration Cases Weekly Round Up [16th December-22nd December 2024]

Live Law  

Supreme Court Case Title: TARUN DHAMEJA VERSUS SUNIL DHAMEJA & ANR. The bench comprising Justices Abhay S. Oka and Ujjal Bhuyan dismissed the appeal filed against the Delhi High Court's decision allowing the respondent to seek clarification from the Arbitral Tribunal about whether post-award interest under Section 31 of the Arbitration and Conciliation Act, 1996, would be calculated on the …

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court
2 months, 3 weeks ago

[Arbitration Act] Friendly Consultation Necessary Before Issuing Section 21 Notice: Delhi High Court

Live Law  

The Delhi High Court bench of J. C. Hari Shankar has held that in the present case there is no scope for negotiation between the parties, much less friendly negotiations. The petitioner invoked the arbitration clause present in the Lease Deed, by sending notice under Section 21 of the Arbitration & Conciliation Act, 1996. Observation of the Court: The court …

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court
3 months, 1 week ago

Whether Arbitration Agreement Has All Essential Elements Can Better Be Decided By Tribunal U/S 16 Of A&C Act: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the issue of validity of arbitration agreement more particularly in respect of having essential elements of the arbitration agreement, can better be considered and decided on merits by the arbitration tribunal under section 16 of the Arbitration Act. They also submitted that Clause 22 of the NIB cannot …

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court
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3 months, 1 week ago

Referral Court U/S 11 Of Arbitration Act Cannot Enter Into Merits Of Subject Matter Of Disputes: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal has held that the court under section 11 of the Arbitration Act cannot enter into merits of subject matter of the disputes. It submitted that since the disputes/ differences have arisen between the parties, due to noncompliance of the collaboration agreement, which are arbitral in nature and an arbitration agreement incorporated …

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]
3 months, 1 week ago

Arbitration Weekly Round-Up [ 2nd December To 8th December, 2024]

Live Law  

High Courts Allahabad High Court Case Title: Anoop Maheshwari v. Thomas T. Kurian While entertaining a revision petition related to a tenancy agreement, the Allahabad High Court has held that a clause for arbitration cannot be invoked for any disputes that arise after the contract has come to an end. Bombay High Court Case Title: Bks Galaxy Realtors LLP v. …

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC
3 months, 1 week ago

Order Passed U/S 11 Cannot Be Recalled If Valid Arbitration Agreement Exists To Justify Reference Of Parties To Arbitration: Calcutta HC

Live Law  

The Calcutta High Court bench of Justice Sabyasachi Bhattacharyya has held that an order passed under section 11 of the Arbitration Act on the basis of an arbitration clause cannot be recalled merely on the ground that reply given to a notice under section 21 was suppressed. Brief Facts The present application has been filed seeking recall of an order …

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court
3 months, 1 week ago

[Arbitration Act] S.2(1)(f) Is Non-Derogable, Applicability Cannot Be Excluded Even By Mutual Consent Of Parties: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna has held that section 2 of the Arbitration Act which defined the International Commercial Arbitration is a non derogable provision and its applicability cannot be excluded even by mutual consent of the parties. However, certain Sections of the Act, like S.2 which is the definition section, form the basic structure …

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court
3 months, 2 weeks ago

Two Arbitration Petitions For Same Relief Cannot Be Filed: Chhattisgarh High Court

Live Law  

The Chhattisgarh High Court bench of Chief Justice Mr. Ramesh Sinha has held that two arbitration petitions for the same relief cannot be filed. The members of the applicant Society are the lessees of the respondent, a registered private Company and all the individual members have entered into lease agreement for transfer of individual shop. It also submitted that despite …

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement
Trending News
3 months, 2 weeks ago

Delhi HC Allows Invocation Of Arbitration Clause After 10 Yrs, Says That Scope Of S.11(6) Plea Is Limited To Ascertaining Existence Of Agreement

Live Law  

The Delhi High Court Bench of Justice Sachin Datta has held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Observation of the court: The court held that the scope of the present proceedings is confined to ascertaining the existence of the arbitration agreement. Then, the court held that since the existence …

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court
3 months, 2 weeks ago

SARFAESI And Arbitration Proceedings Can Proceed Parallely As Nature Of Both Proceedings Is Distinct: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Advait M Sethna has affirmed that SARFAESI proceedings are in the nature of enforcement proceedings, while arbitration is in the context of an adjudicatory proceedings. A careful perusal of the record makes it clear that there is an arbitral clause contained in loan agreement dated 13 September 2018 which states that all claims …

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC
3 months, 2 weeks ago

S.9 Application Not Appropriate For Relief Against Non-Signatory When There Is No Dispute Between Parties To Be Referred To Arbitration: Bombay HC

Live Law  

The Bombay High Court bench of Justice Arif S. Doctor has held that Section 9 of the A&C Act is not the correct mechanism to obtain relief against an entity when the privity of contract is absent between Factual Overview: The dispute arose regarding a Redevelopment Agreement and a Supplementary Agreement dated 20 July 2022. R-2 not being a member …

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court
3 months, 3 weeks ago

Executing Court Can Direct Award-Debtor To Deposit Decretal Amount In Court Until Petition U/S 34 Of Arbitration Act Is Disposed Of: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that executing court under section 36 of the Arbitration Act can direct the award debtor to deposit the decretal amount in the court registry till the disposal of the petition under section 34 of the Arbitration Act. Brief Facts Instant revision has been filed under Article 227 …

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court
3 months, 3 weeks ago

S.12(5) Of Arbitration Act Would Be Applicable To Arbitral Proceedings Which Commenced Before 2015 Amendment Act: P&H High Court

Live Law  

The Punjab and Haryana High Court bench of Justice Suvir Sehgal has held that the provision of Section 12 of the Arbitration Act would applicable to arbitral proceedings which were initiated prior to 2015 Amendment came into force and continued thereafter. In the meantime, the Arbitration Act was amended and as Section 12 was inserted on 23.10.2015, the petitioner submitted …

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC
Trending News
4 months ago

Objections On Capacity Of Party To Initiate Arbitration Must Be Addressed Before Tribunal, Not While Appointing Arbitrator: Delhi HC

Live Law  

The Delhi High Court bench of Justice Sachin Datta has held that the objections as regards the capacity of the party to initiate arbitration is an aspect which is necessarily required to be gone into the arbitration proceedings, however, the same could not preclude the constitution of an Arbitral Tribunal. The court held that a party may raise appropriate jurisdictional/preliminary …

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court
Trending News
4 months ago

Referral Court Has Limited Role U/S 11 Of Arbitration Act To Verify Existence Of Arbitration Agreement: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Sudesh Bansal affirmed that the scope of arbitration application, in view of Section 11 of the Arbitration Act, 1996 is confined and limited to the extent of examining the existence of arbitration agreement between the parties for resolution of dispute. Brief Facts Applicant has filed instant arbitration application under Section 11 of the …

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court
4 months ago

Pre-Requirement Of Conciliation Before Invoking Arbitration Can't Prevent Filing Of Application U/S 11 Of Arbitration Act: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Subramonium Prasad has held that pre requirement of conciliation in an arbitration clause before invoking the arbitration cannot be a bar to file an application under section 11 of the Arbitration Act seeking appointment of an Arbitrator. That disputes have arisen between the parties regarding payment of dues.,the Petitioner herein invoked Clause 17.7 …

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court
4 months ago

Court U/S 45 Of Arbitration Act Must Refer Parties To Arbitration Unless Agreement Is Void Or Inoperative: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma affirmed that Section 45 of the Arbitration Act casts a statutory mandate on Courts to refer parties to an arbitration agreement to arbitration. The only limited exception carved in Section 45 is if the Court is of the prima facie opinion that the arbitration agreement is null and void; or …

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court
4 months ago

High Court As Court Of Record Can Recall Or Review Orders Passed U/S 11 Of Arbitration Act: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Manish Pitale has held that the moment it becomes clear that the power under Section 11 of the Arbitration Act is being exercised by the “High Court” and not by an authority in the form of the “Chief Justice or any person or institution designated by him”, there can be no confusion about …

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court
4 months, 1 week ago

Party Can Waive Arbitrator's Ineligibility U/S 12(5) Of Arbitration Act By Express Agreement In Writing: Bombay High Court

Live Law  

The Bombay High Court bench of Justice Rajesh S. Patil affirmed that once an ineligibility to act as Arbitrator is waived by an express agreement in writing under proviso to section 12 of the Arbitration Act, waiving party is prohibited from claiming ineligibility of the Arbitrator for the first time under section 34 of the Arbitration Act. Brief Facts The …

Arbitration Monthly Digest: October 2024
4 months, 1 week ago

Arbitration Monthly Digest: October 2024

Live Law  

Supreme Court Case Title: R.P. Case Title: LAVA INTERNATIONAL LIMITED Vs MINTELLECTUALS LLP Citation: 2024 LiveLaw 1114 The Delhi High Court bench comprising Justice Prateek Jalan has held that in orders passed by the arbitral tribunal under Section 17 of the Arbitration and Conciliation Act, 1996, the court is not bound by the principles underlying Order XXXVIII and XXXIX of …

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement
4 months, 2 weeks ago

Delhi High Court Rejects Petitioner's Request to Stay Termination of Lease Agreement

Live Law  

The Delhi High Court has allowed a petition seeking stay of the effect and operation of the Termination Notice dated 01.10.2024 issued by the respondent No. 1 to the petitioner. The court held that the role of the court under section 9 of the Arbitration Act is to preserve the subject matter of the Arbitration till the arbitral tribunal decides …

Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those of Signatories: Delhi High Court
4 months, 3 weeks ago

Non-Signatories Bound By Arbitration Agreement If Their Actions Align With Those of Signatories: Delhi High Court

Live Law  

The Delhi High Court has ruled that if a non-signatory party actively participates in the performance of a contract, and its actions align with those of the other members of the group, it gives the impression that the non-signatory is a “veritable” party to the contract which contains the arbitration agreement. The court held that respondents 2-5 are veritable parties …

Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court
6 months ago

Failure To Name Arbitrator In Legal Notice Does Not Invalidate Arbitration Invocation: Rajasthan High Court

Live Law  

The Rajasthan High Court bench comprising Dr. Justice Nupur Bhati has held that the invocation of an arbitration clause, which required the Applicant to name an Arbitrator, is valid under Section 11 of the Arbitration and Conciliation Act, 1996, even without naming an arbitrator in the legal notice, as long as the existence of an arbitration agreement is prima facie …

Arbitration Clause In Buyer's Agreement Does Not Bar Jurisdiction Of Consumer Fora: NCDRC
9 months ago

Arbitration Clause In Buyer's Agreement Does Not Bar Jurisdiction Of Consumer Fora: NCDRC

Live Law  

The National Consumer Disputes Redressal Commission, presided by AVM J. Rajendra, held that the Consumer Protection Act is supplementary to the existing legislations and the presence of an arbitration clause in a buyer's agreement does not bar the jurisdiction of the consumer fora. Consequently, the complainant filed a consumer complaint before the State Commission seeking the developer to deliver 50% …

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court
9 months, 1 week ago

Clause Of 'Amicable Resolution' Cannot Prevent Invocation Of Arbitration After Sincere Efforts At Settlement: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that the clause of 'amicable resolution' in the arbitration agreement cannot be read as preventing the parties from invoking the arbitration if the parties have sincerely tried to resolve the disputes amicably. The Petitioner filed an application in the High Court under Section 11 of the Arbitration and …

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition
9 months, 1 week ago

Arbitration Clause Valid Despite Even Number Of Arbitrators: Delhi High Court Allows Section 11(6) Petition

Live Law  

The Delhi High Court bench of Justice Jasmeet Singh has held that the arbitration clause is not invalidated merely on the ground that the number of arbitrators, as per the arbitration clause, was an even number and therefore, was in contravention of Section 10 of the Arbitration and Conciliation Act, 1996. All disputes shall be subjected to Delhi Jurisdiction only.” …

[Arbitration Act] Mere Sending of Notice Under Section 21 Not Enough, Receipt of Notice Essential: Delhi High Court
9 months, 1 week ago

[Arbitration Act] Mere Sending of Notice Under Section 21 Not Enough, Receipt of Notice Essential: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Dinesh Kumar Sharma has held that merely sending notice of arbitration under Section 21 of the Arbitration and Conciliation Act, 1996 is not sufficient. Brief Facts: Indian Spinal Injuris Centre approached the Delhi High Court and filed an application under Section 11 read with Section 11 of the Arbitration and Conciliation Act, 1996 …

Arbitration Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court
9 months, 1 week ago

Arbitration Requires Dispute Arising From Agreement, Unrelated Disputes Ineligible for Arbitration: Rajasthan High Court

Live Law  

The Rajasthan High Court bench of Justice Rekha Borana held that arbitration hinges on the presence of a dispute arising from the agreement between the involved parties. Feeling aggrieved, the Applicant approached the Rajasthan High Court and filed an application under Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of the arbitrator. The award of the …

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court
9 months, 2 weeks ago

Once Arbitration Agreement Is Confirmed, Court Should Refrain From Delving Into Other Issues: Delhi High Court

Live Law  

The Delhi High Court bench of Justice Amit Bansal held that the role of the court is limited to verifying the existence of a valid arbitration agreement. Observations by the High Court: The High Court referred to Clause 26 in the EPC Contract which provided that in the event conciliation between the parties fails, disputes may be referred to arbitration. …

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court
9 months, 3 weeks ago

Issues On Merits, Should Be Raised Before Arbitrator, Not In Section 11 Proceedings ; Delhi High Court

Live Law  

The Delhi High Court bench of Justice Neena Bansal Krishna held that objection regarding the insufficiency of service is considered to be on merits and therefore should be raised before the Arbitrator. Brief Facts: The petitioner, Delhivery Limited, and the Respondent, Far Left Retail Private Limited, entered into a Service Agreement, which later resulted in a dispute. Consequently, the Petitioner …

Successive References Under One Arbitration Agreement: Possible Or Not?
10 months, 3 weeks ago

Successive References Under One Arbitration Agreement: Possible Or Not?

Live Law  

While the answer to the topic lies in the intricate details of individual contracts and/or arbitration agreements entered into between parties, the Arbitration and Conciliation Act, 1996 permits successive references under one arbitration agreement. While these successive references may be appealing to the parties involved, such proceedings are bound to, lead to multiplicity of arbitration proceedings before multiple tribunals, with …

Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court
10 months, 3 weeks ago

Appointment Of Arbitrator In Violation Of S. 12(5) Of A&C Act Is Void, Waiver Of This Provision Requires Explicit Written Agreement: Kerala High Court

Live Law  

The Kerala High Court single bench of Justice G. Girish held that the exemption provided for under the proviso of Section 12 of the Arbitration and Conciliation Act applies only in cases where there is a waiver explicitly agreed upon in writing by the parties involved. Feeling aggrieved, the Petitioner approached the Kerala High Court under Section 14 read with …

Arbitration Weekly Round-up: 1st April to 7th April 2024
11 months, 1 week ago

Arbitration Weekly Round-up: 1st April to 7th April 2024

Live Law  

High Courts Allahabad High Court Allahabad High Court Directs Inquiry Against Officers Who Failed To File Arbitration Appeals Within Prescribed Limitation Case Title: Executive Engineer Drainage Division v. Ms Ayush Construction And Another The Allahabad High Court has directed Principal Secretary/Additional Chief Secretary, Irrigation, Uttar Pradesh to conduct an inquiry against officers who were responsible for filing appeals under Section …

Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court
11 months, 1 week ago

Group Of Companies | Absence Of Specific Prayer For Impleadment Of Non-Signatory Doesn't Preclude Arbitral Tribunal From Applying GOC: Bombay High Court

Live Law  

The Bombay High Court single bench of Justice R I Chagla held that the arbitral tribunal has the power to decide whether the non-signatory is bound by the Arbitration Agreement and to implead the non-signatory. The High Court noted that the Supreme Court in this case held that the Arbitral Tribunal possesses the authority to determine if a non-signatory is …

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